Some asking why man was granted probation

Oct. 11, 2012

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Greene County’s top prosecutor, Dan Patterson, says he wasn’t surprised to see a man with a lengthy criminal history — who is now a person of interest in the death of a Willard teen — released in August from the Greene County Jail. The man, Anthony Balbirnie, had completed a state drug-treatment program and had no significant record of violence.

Balbirnie, 47, walked out of the Greene County Jail on Aug. 20 after a hearing before Judge Michael Cordonnier. The judge’s decision to release Balbirnie on probation came despite Balbirnie’s criminal history, which is more than three decades long and includes drug use that began at age 17 and recent probation violations.

A month after Balbirnie’s release, Khighla walked away from her home. She never returned.

“A guy with his kind of criminal history should have been locked up rather than run the streets,” said Benton County Sheriff Rick Fajen, who was at Truman Lake on Sept. 30 when Khighla’s body was recovered. “It makes me angry.”

Patterson said the county had asked that Balbirnie be sent back to prison in August but noted that Cordonnier’s ruling wasn’t unusual given the facts of the case.

Balbirnie had participated in a state program for nonviolent addicts that includes individual and group counseling and 12-step recovery support groups, said Chris Cline, a spokesman for the Missouri Department of Corrections. The program lasts 12 to 24 months, and about 83 percent of the people on the program in the last fiscal year completed it.

Two years after release, about 40 percent of the offenders who completed the program have returned to prison on new charges or for violating the conditions of their release, Cline said.

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Balbirnie served only a short stint of a 12-year prison sentence — 14 months — ordered in Greene County because of his participation in the program, according to court records.

Patterson said Balbirnie’s participation in the program was appropriate. He noted that Balbirnie’s prior criminal record included a forgery conviction from Jackson County and a conviction for unlawful use of a weapon from Dallas County.

“For this kind of offender, it’s appropriate,” Patterson said.

In February 2010, Balbirnie was sentenced to prison on three Greene County cases that included driving a car that had a meth lab in its trunk and making and possessing meth, according to court records. As part of the plea agreement, Balbirnie planned to participate in the state’s long-term drug program at Ozark Correctional Center in Fordland. He pleaded guilty in Christian County on another drug case in June 2010 that also included participating in the drug treatment program.

Balbirnie, whose drug use has included alcohol, marijuana, meth and cocaine, did well in the program in prison, according to court records. He worked on the prison’s landscaping crew, attended treatment classes and self-help groups and was respectful with staff.

Balbirnie’s plans after release included finding a job as a truck driver, paying child support and strengthening his bond with his children. Balbirnie planned to attend outpatient drug counseling in Springfield and attend self-help or 12-step meetings. He got out of prison in April 2011.

By September, Balbirnie’s probation officer in Greene County was writing him up for violations. Court records indicate that he tested positive for meth, missed an appointment at the outpatient program, was arrested with marijuana on him and didn’t report to his probation officer as required.

“It appears, based on Balbirnie’s actions, he has not abandoned the criminal lifestyle,” probation officer Brian Wickens wrote in December.

Wickens recommended that Balbirnie’s probation be revoked. In March, Christian County Judge Mark Orr sent Balbirnie back to prison for violations in his case there. He was released from prison Aug. 17 and sent to the Greene County Jail.

Greene County prosecutors had hoped that Balbirnie would do another stint in prison for his violations in their county, but that didn’t happen because of Cordonnier’s decision. Patterson said he can understand, in part, the judge’s rationale, because he probably took into consideration that Balbirnie had already served more time on the recent Christian County probation violations.

On Sept. 30, Khighla’s body was found in Truman Lake. Balbirnie was quickly identified as a person of interest. He has been charged in Benton County with abandonment of a corpse. No one has been accused of killing the teen; how she died has not been disclosed.

On Wednesday, Patterson filed another document in the Greene County drug cases. It is a request to revoke probation.

To support the family

The family has set up a fund to help pay for the funeral and other expenses. Contributions may be made to any branch of the Assemblies of God Credit Union. Donations can also be sent to the Klingner-Cope Funeral Home.